A Sacramento Area Criminal Defense Attorney Protecting the Rights of Individuals Accused of Theft

Theft charges encompass a broad spectrum of potential offenses. In many cases, people wind up charged with theft without even knowing what happened. Theft charges can arise out of simple misunderstandings or malicious accusations, and it’s often difficult to prove that the defendant is actually guilty. Regardless, theft charges can carry serious consequences if you’re convicted. No matter what situation you’re in, you need an experienced criminal defense attorney to make sure your interests are protected.

If you’re facing theft charges, such as grand theft, grand theft auto, or even carjacking in the Bay Area, the criminal defense lawyers at The Law Offices of David Chesley can help you get a fair result. We know that your future at stake, and provide dedicated and aggressive legal representation. If you’d like to schedule a free consultation, call us at 800-755-5174 or send us an email via our online contact form.

What is Grand Theft?

Under California Penal Code Section 487, you can be charged with grand theft if you take property that belongs to another that is worth more than $950. Contrast this with petty theft – theft of property that is worth less than $950.

Many people are surprised to find themselves charged with grand theft because $950 is not that much money in today’s economy. You can spend that much on car repairs in a single trip to the mechanic. Unfortunately, a single poor decision that seemed to be of little consequence at the time can result in serious criminal charges that could impact your future for years to come.

While you may be surprised to hear that you can face charges for theft of property worth around $1,000, you should be aware that you could also be charged with grand theft in situations involving property worth less than $95.00. Under California Penal Section 487(b), the prosecution to charge you with grand theft in the following situations:

• If the theft involved fish or other “aquacultural” products from a commercial or research facility worth more than $250.
• If the theft involved domestic fowl or certain crops such as citrus, avocados, or nuts worth more than $250.
• Theft involving “pickpocketing” or otherwise taking property from someone while they were carrying it or wearing it.
• If the theft involved embezzlement and involved an aggregate amount of $950 or more over 12 months.
• Theft of a firearm
• Theft of a car

It’s important to understand these exceptions. For example, you could be charged with grand theft for stealing a handgun that it worth far less than $950 or for stealing $250 worth of citrus from a local farm.

What the Prosecution Has to Prove in Order to Convict You of Grand Theft

Obviously, the prosecution must be able to prove that you committed the crime you’ve been charged with. However, this is easier said than done. In order to convict you of grand theft, the prosecutor must prove the following elements:

1. You took property worth more than $950 that belonged to someone else;
2. You did not have permission to take it; and
3. You intended to either keep it permanently or for long enough that the owner would be deprived of its use or enjoyment for a significant period of time.

These are the elements of basic grand theft charges, also known as “grand theft by larceny,” where someone physically carries away the property of another. However, there are other types of grand theft, and the elements that the prosecution will need to prove are somewhat different.

Different Ways That You Can Be Charged with Grand Theft

If you review California Penal Code Sections 484 through 502.9, you will see all of the different ways that someone can commit grand theft. Here are some of the more common kinds of grand theft in addition to grand theft by larceny described above:

• Theft by false pretense
• Theft by trick
• Embezzlement

The elements for each of these crimes may be slightly different, and as a result, the prosecutor will have to prove different things than with grand theft larceny. Regardless of which kind of theft you are charged with, you stand accused of a very serious crime, and you should speak with an experienced criminal defense attorney as soon as possible.

Grand Theft Auto

As mentioned above, stealing a car is considered grand theft under Penal Code Section 487(d)(1), even if it’s worth less than $950.

However, it is also a crime pursuant to Vehicle Code Section 10851. Vehicle Code 10851 is essentially the “joyriding” statute, as it specifically states that you did not have to have the intent to steal the car. In cases where someone took a car without the owner’s permission, used it for a while, and then abandoned it, it is likely that he or she will face charges under Vehicle Code Section 10851 rather than Penal Code Section 487(d)(1).

Carjacking

Carjacking is defined by California Penal Code Section 215. In order to be convicted of carjacking, the prosecutor must prove the following elements:

1. You took a vehicle from someone else;
2. From that person’s “immediate presence;”
3. With the intent to either take possession temporarily or permanently;
4. You used force or fear in taking the vehicle.

The main difference between carjacking and grand theft auto is that carjacking is charged when the vehicle is stolen in the presence of the owner. Carjacking is a very serious charge and is often charged along with other crimes. If you’ve been charged with carjacking, you should speak with a criminal defense attorney right away.

Potential Penalties

Both grand theft and grand theft auto are “wobbler” crimes in California. This means that the prosecution may charge the crime as a felony or as a misdemeanor. Whether it is charged as a felony or a misdemeanor will depend on the circumstances of your case and your criminal history. If you are facing misdemeanor theft charges, a conviction could result in up to one year in county jail. If you are charged with felony theft, you could be facing anywhere from 16 months to 3 years in county jail with no probation.

Grand theft auto, if charged under Section 10851 of the Vehicle Code, is often charged as a misdemeanor for first-time offenders. The potential penalties are a fine of up to $5,000 and/or up to a year in county jail. If it is charged under Penal Code Section 487, it will likely be charged as a felony and carry the penalties described above: 16 months to 3 years in jail.

Carjacking, on the other hand, is always a felony charge. It is punishable by imprisonment in state prison for three, five, or nine years.

Call Us Today to Schedule a Free Case Evaluation with a Sacramento Criminal Defense Attorney

Grand theft, grand theft auto, and carjacking are serious crimes that can result in serious jail time. Don’t leave your future in the hands of an overzealous prosecutor. You need a California criminal defense attorney who will make sure that someone is fighting your corner so that you can get a fair outcome.

With over 50 years of courtroom experience, the criminal defense attorneys at The Law Offices of David S. Chesley know how to fight, and more importantly, know how to win. Call us at 800-755-5174 or email us today if you would like to schedule a free consultation and discuss how we can help you.